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(영문) 울산지방법원 2016.12.01 2016고단3464
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:38 October 1, 2016, the Defendant was subject to the control by C, etc. of the police box of the Yangsan Police Station B, who was called out after receiving a report from 112 that the Defendant would drive under the influence of alcohol on the roads prior to the Pyeongtaek-ro 57 p.m. P., Seosan National Police Station B, 2016.

The Defendant, who is dissatisfied with this, flicked the Defendant, and flicked the Defendant, “A police officer C’s knick part of the police officer, who was flicked, was flick in flick, and glick in flick, who was flick in flicks, and flicked the Defendant’s knick part of the police officer C’s knick in flick.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

On September 14, 2012, the Defendant issued a summary order of KRW 3 million on September 22, 2012 at the Ulsan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act. On October 22, 2012, the Busan District Court issued a summary order of KRW 3 million for the same crime, etc.

On October 1, 2016, the Defendant, without obtaining a driver’s license on October 1, 2016, driven DK 5 km from the front day of the 354 large image c. 354 p.m. to the front day of the same city P. P. P. P. P. P., 5 km, without obtaining a driver’s license on October 1, 2016, while under the influence of alcohol 0.158%.

Therefore, despite the fact that the defendant has violated the prohibition of drinking driving regulations not less than twice, he was driving a motor vehicle in violation of the prohibition of drinking driving regulations, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes, such as criminal records, inquiry reports, written judgments, etc.;

1. Relevant statutory provisions of Article 136(1) of the Criminal Act for the crime, Articles 148-2(1)1, 44(1) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the same Act for non-licenseed driving;

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